Starting Next Year, Oregon Will Let You Practice Law Without Taking The Bar Exam
REUTERS/Marcelo del Pozo
Starting in May 2024, law graduates will be able to become licensed in Oregon without taking the bar exam. This significant change comes as the Oregon Supreme Court approved an alternative licensing program. The move is seen as a potential catalyst for further innovation in other states.
The Stress of the Bar Exam
The bar exam has long been a source of stress for law graduates. After the rigors of law school, the bar exam presents another hurdle that can impact confidence levels and mental health. Some law graduates have failed the exam multiple times, leading to a call for a more practical way to acquire a license.
The Alternative Licensing Program
The alternative licensing program approved by the Oregon Supreme Court is known as the Supervised Practice Portfolio Examination. After law school, candidates will spend 675 hours working under the supervision of an experienced attorney. They will also create a portfolio of legal work that bar officials will grade as an alternative to the traditional bar exam.
This program will be open to graduates of both in-state and out-of-state law schools. This is a departure from the two existing alternative licensing programs in the country. Wisconsin allows graduates of the state’s two law schools to become licensed without passing the bar in what is known as a diploma privilege. New Hampshire allows a small cohort of law students who complete a specialized curriculum to bypass the bar.
Those seeking to become licensed in Oregon will still have the option to take the bar exam. The State Bar of California is considering a similar alternative attorney licensing pathway.
The Future of Law Licensing in Oregon
The Oregon State Board of Bar Examiners, which developed the program, also plans to create a second alternative licensing pathway. In this pathway, students at the state’s three law schools would spend their last two years of law school completing practice-based coursework. However, the board decided to move forward with the supervised practice option first.
In addition to completing 675 hours of paid legal work, participants in Oregon’s new program must submit at least eight examples of legal writing. They must also take the lead in at least two initial client interviews or client counseling sessions, and head up two negotiations, among other requirements. The applicants’ portfolios would then be graded by Oregon bar examiners, and those with qualifying scores would be sworn into the state bar. Candidates may apply 100 hours of supervised legal work performed in law school clinics or internships toward the 675-hour requirement.
Public Opinion and Impact on Law Practice
The Oregon Supreme Court unanimously supported the concept of two alternatives in addition to the Uniform Bar Exam. The conversation around alternatives to Oregon’s exam grew in part from the idea that the skills to pass a multiple-choice test don’t always match up with what employers are looking for.
The traditional bar exam model has come under increased scrutiny since COVID-19 disrupted the attorney licensing test in many states. Critics have argued that it doesn’t adequately test the skills new lawyers need in practice. An updated national bar exam with a greater focus on skills is slated to debut in 2026. Oregon was among the five states that adopted some form of diploma privilege in the early months of the pandemic. But all five states had since returned to requiring the bar exam.
With the introduction of this new licensing program, Oregon is leading the way in rethinking how we license lawyers. It remains to be seen how this will impact the legal profession in the long term, but it is a step in the right direction for those advocating for change.
